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Frederick | Ganderton

Your Rights When Hit by a Car Crossing a Crosswalk

Apr 08, 2024

Crossing the street on a crosswalk should be a safe and routine activity. However, accidents can happen, and being struck by a car while crossing a crosswalk can be a terrifying experience. In such situations, it is crucial to understand your rights and know how to seek compensation for your injuries. Hiring an experienced attorney can make all the difference in navigating the legal process and obtaining the compensation you deserve.


Does it Matter if the Vehicle Slowed Down?


When you are struck by a car while crossing a crosswalk, one of the first questions that may come to mind is whether it matters if the vehicle slowed down before hitting you. In most cases, the driver's duty of care requires them to operate their vehicle safely and responsibly at all times. If a driver fails to exercise reasonable care and hits you while you were crossing legally on a sidewalk or crosswalk, they may be held liable for your injuries regardless of whether they slowed down before the impact. This means their auto insurance or other insurance they go through may be responsible for damages involved in the accident. An attorney can assess the circumstances of the accident and determine the best course of action to pursue compensation on your behalf.


Does it Matter How Much You Were Injured?


How badly you're injured in a pedestrian-involved accident may impact the damages and awards you can be given, but it does not lower the severity of the situation. Injuries sustained from being struck by a car crossing a crosswalk can range from minor cuts and bruises to more severe injuries such as broken bones, concussions, or even paralysis. Regardless of the extent of your injuries, you may be entitled to financial compensation for many things: medical costs, lost wages, your pain and suffering, and other damages (such as replacing clothing or shoes) resulting from the accident. An experienced attorney specializing in personal injury cases can help you understand your rights and work towards securing fair compensation for your injuries.


What if the Vehicle Fled the Scene or Doesn't Have Insurance?


If the vehicle that struck you fled the scene or does not have insurance coverage, your compensation options may vary but still exist. Uninsured motorist coverage or medical payment (MedPay) insurance on your own auto policy may provide coverage for your medical expenses and other damages resulting from the accident. Additionally, an attorney can explore other avenues for recovery such as filing a claim against any potentially liable parties or pursuing compensation through state-funded programs designed to assist victims of hit-and-run accidents.


What Are Your Rights?


Your rights following an accident involving being struck by a car while crossing a crosswalk are protected under personal injury laws that govern negligence and liability in such cases. By consulting with an experienced accident attorney, you can gain insight into how these laws apply to your situation and what steps need to be taken to pursue compensation for your injuries.


Being struck by a car while crossing can have devastating consequences both physically and emotionally. Seeking legal guidance from an experienced attorney specializing in personal injury cases is essential in understanding your rights and pursuing fair compensation for your injuries. Whether the vehicle slowed down before hitting you or fled the scene without insurance, an attorney can advocate on your behalf to ensure that justice is served and that you receive proper compensation for your losses. Remember that you do not have to face this challenging situation alone. Reach out to our office today to learn more about your rights after an accident.

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Being involved in a hit and run accident can be an extremely scary and frustrating experience. Not only are you dealing with the injuries from the accident, along with property damage to your vehicle, but you are now trying to figure out what to do about the person that hit you and took off. Don’t worry. All is not lost. Read the following tips, and call a lawyer as soon as you can. There are still ways to ensure you can get your vehicle damage covered, along with a personal injury claim. 1. Remain Calm and Ensure you are in a Safe Spot Immediately following a hit and run in Colorado Springs, it's crucial to maintain composure. In the chaotic aftermath, staying calm allows for a more effective response. If possible, moving to a secure location away from ongoing traffic helps mitigate further risks. Taking a few deep breaths and collecting oneself sets the tone for the steps that follow. 2. Call Emergency Services and File a Police Report Dialing 911 is not just a formality; it's a critical step in the response process. When reporting the hit and run, providing precise details about the accident is essential. This includes a clear account of what happened and, if there are injuries involved, requesting immediate medical assistance. The initial call establishes a direct line of communication with emergency services, expediting their response. If you are on the phone with 911, you can give a good description of the at-fault vehicle, and the direction it is headed, giving law enforcement a head start in finding the perpetrator. In addition, filing a police report, or having officers at the scene to draft a report, is not just a legal formality but a key step in initiating investigations. Reporting the hit and run promptly to local law enforcement provides them with essential details to begin the process. This formal record becomes a cornerstone in building a case, assisting authorities in their pursuit of the responsible party. 3. Gather Information After ensuring safety, the focus shifts to gathering comprehensive information about the incident. Documenting the time, date, and location is foundational. When it comes to the other vehicle, recording details such as make, model, color, and the license plate number creates a thorough record. As stated above, trying to see the direction the vehicle went is crucial for quick law enforcement action. Witnesses can be huge in providing information both relating to the facts of the collision, and who is at fault, and additional information relating to the vehicle itself, like license plate, etc. Collecting contact information from witnesses adds valuable perspectives that can contribute to subsequent investigations. 4. Photograph the Scene Visual documentation is a powerful tool. Taking photographs of the overall scene captures the context of the accident. Close-up shots of damages to both vehicles and license plates provide a detailed visual record. This documentation becomes crucial when dealing with authorities and insurance companies, offering tangible evidence of the extent of the damages. 5. Seek Medical Attention Seeking medical attention is not just a precautionary measure but a necessary step. Even seemingly minor injuries can have latent consequences. A prompt medical examination helps identify and address potential issues early on, safeguarding your health. Keeping meticulous records of medical examinations, treatments, and related expenses is crucial for both your well-being and potential legal claims. In addition, a record of consistent medical treatment can help with any ongoing injury claim with your insurance company. 6. Contacting Your Insurance Company Immediate communication with your insurance company is essential for a swift claims process. Notifying them promptly about the hit and run and supplying all gathered information, including photos and details from the police report, streamlines the claims process. Proactively involving your insurance provider ensures a cooperative approach in resolving the aftermath. If the hit and run driver was uninsured, or is not found, you will likely have an uninsured motorist claim with your insurance company if you were injured. Notice, communication, and record keeping, are all important components of a UM claim  7. Hire a Personal Injury Attorney When identifying the responsible party becomes challenging, considering legal assistance is prudent. Consulting with a legal professional provides guidance on navigating insurance claims and potential legal actions. Their expertise ensures that your rights are protected, and they can address complexities that may arise during the process, offering valuable support. In addition, as stated above, even if the at-fault party is not found, you will likely have a UM claim with your insurance company for you injuries. Just like any other personal injury claim, you will most likely need a personal injury attorney to pursue the UM claim, and obtain the settlement you deserve for your injuries and pain and suffering. Remember, hiring a personal injury attorney is generally free up-front, as most personal injury attorneys work on a contingency fee basis. 8. Remember – all is not lost If you are involved in a hit and run, all is not lost. Unless physically waived, Colorado requires a minimum of $25,000 in Uninsured Motorist Coverage. As such, even if you, or we, are never able to find the at-fault driver, or their insurance, you will likely still be able to recover a settlement from your insurance company. CONCLUSION Hit and run accidents can be a scary experience. But, don’t be concerned. Keeping calm, gathering the appropriate pictures and documentation, and speaking with an attorney experienced in handling hit and run accident claims can help make you whole once again. If you have been involved in a hit and run accident in Colorado Springs, CO, please do not hesitate to call the experienced attorneys at Frederick | Ganderton LLP at (719) 888-6118 .
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